Federal Communications Commission DA 17-761
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Restoring Internet Freedom
)
)
) WC Docket No. 17-108
ORDER
Adopted: August 11, 2017 Released: August 11, 2017
Revised Reply Comment Date: August 30, 2017
By the Chief, Competition Policy Division, Wireline Competition Bureau:
1. By this Order, the Wireline Competition Bureau (Bureau) extends the deadline for filing
reply comments in response to the Restoring Internet Freedom Notice of Proposed Rulemaking until
August 30, 2017.
1
2. The Restoring Internet Freedom Notice of Proposed Rulemaking set dates for filing
comments and reply comments of July 17 and August 16, 2017, respectively. On August 1, 2017, Public
Knowledge, Access Now, the American Civil Liberties Union, the Computer & Communications Industry
Association, Consumers Union, the Electronic Frontier Foundation, Engine Advocacy, National
Consumer Law Center on behalf of its low-income clients, the World Wide Web Foundation, and the
Writers Guide of America West (Movants) filed a motion requesting an eight-week extension of the reply
comment deadline in this proceeding.
2
Movants assert that an extension “is necessary to give Movants
and other interested persons a minimum of adequate time to work through the initial comment record and
prepare thorough and well-informed replies.”
3
CTIA, NCTA – the Internet & Television Association, and
USTelecom opposed the motion for extension, asserting that the Commission should deny the motion or,
alternatively, limit an extension to no longer than 10 days.
4
Opponents assert that stakeholders have had
adequate time to consider their arguments in this proceeding, and have had “multiple opportunities to
weigh in on the core issues in play here for over fifteen years across a range of public dockets.”
5
Opponents also assert that the “vast majority of comments filed merely state (often in one or two
sentences) the commenter’s ultimate policy preferences,” and that “many of these comments are
apparently fabricated.”
6
In support of these assertions, Opponents state that “[o]ne study revealed that
1
Restoring Internet Freedom, WC Docket No. 17-108, Notice of Proposed Rulemaking, 32 FCC Rcd 4434 (2017)
(Restoring Internet Freedom Notice of Proposed Rulemaking).
2
Public Knowledge et al., Motion for Extension of Time to File Reply Comments, WC Docket No. 17-108 (filed
Aug. 1, 2017) (Joint Motion). See also Letter from Senator Edward J. Markey et al. to the Honorable Ajit Pai,
Chairman, FCC (Aug. 3, 2017) (urging the Commission to “extend the reply comment period to allow sufficient
time for the public to ensure their views are reflected in the record”).
3
Motion at 1.
4
CTIA et al., Opposition to Motion for Extension of Time, WC Docket No. 17-108 (filed Aug. 10, 2017).
5
Id. at 1.
6
Id. at 3.
Federal Communications Commission DA 17-761
2
over seven million of the comments filed between July 3 and August 4, 2017 appear to be entirely
fraudulent.”
7
3. While it is the policy of the Commission that “extensions shall not be routinely granted,”
8
we find that an extension of the reply comment deadline is appropriate in this case in order to allow
interested parties to respond to the record in this proceeding. While we recognize that Movants have
requested an eight-week extension of the reply comment deadline, we find, consistent with past
Commission precedent granting partial extensions, that an additional two weeks is an appropriate period
of time to extend the reply comment deadline in order to provide parties additional time to analyze the
technical, legal, and policy arguments raised by initial commenters.
9
We find that permitting interested
parties an additional two weeks in which to file their reply comments will allow parties to provide the
Commission with more thorough comments, ensuring that the Commission has a complete record on
which to develop its decisions.
4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), 5, and 303(r) of the
Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), 155, and 303(r), and sections 0.91, 0.291,
1.46, and 1.415 of the Commission’s rules, 47 CFR §§ 0.91, 0.291, 1.46, and 1.415, that the Joint Motion
for Extension of Time to File Reply Comments, IS GRANTED, IN PART, and the deadline for filing
reply comment is extended to August 30, 2017.
FEDERAL COMMUNICATIONS COMMISSION
Daniel Kahn
Chief
Competition Policy Division
Wireline Competition Bureau
7
Id.
8
47 CFR § 1.46(a).
9
See, e.g., Promoting Innovation and Competition in the Provision of Multichannel video programming distribution
services, MB Docket No. 14-261, Order, 30 FCC Rcd 1160 (MB Feb. 10, 2015) (granting a two-week extension of
the comment and reply deadlines after parties sought a longer extension); Wireless Telecommunications Bureau
Extends Period to File Reply Comments on Motorola, Inc. Request for Interpretation or Waiver of Section 90.267 of
the Commission’s Rules Regarding 450-470 MHz Band Low Power Operators, WT Docket No. 10-74, Public
Notice, 25 FCC Rcd 4694 (MB May 3, 2010) (granting a 10-day extension of reply comment deadline upon motion
for a longer extension, “to ensure that the Commission obtains a complete and thorough record”); Lifeline and
Linkup Reform and Modernization, WC Docket Nos. 11-42, 09-197, 10-90, Order, 30 FCC Rcd 8233 (WCB Aug. 5,
2015) (granting two-week extensions for filing comments and replies, finding that limited extensions “will allow for
more thoughtful consideration of the issues raised . . . , while at the same time not unduly delaying the resolution of
these issues”); Cable Television Technical and Operation Requirements, MB Docket No. 12-217, Order, 27 FCC
Rcd 16019, (MB Dec. 21, 2012) (granting a two-week extension, given the importance of the issues, when parties
sought a longer extension).